The U.S. Mission in India recently launched a series of special Saturday interview days to reduce wait times for first-time visa applicants.

Key Points:

• The U.S. Embassy in New Delhi and Consulates in Chennai, Hyderabad, Kolkata and Mumbai opened consular operations on Saturday for applicants who require in-person visa interviews.
• The U.S. Mission in India will continue to open additional slots for appointments to take place on select Saturdays in the coming months.
• By summer 2023, the Mission expects to be at full staffing and processing visas at levels similar to before the COVID-19 pandemic.

Additional Information: To further address the backlog, the U.S. State Department released more than 250,000 B-1/B-2 extra appointments and is increasing the number of temporary and permanent consular officers assigned to the embassy and consulates. The Consulate General in Mumbai also extended its weekday operating hours to offer additional appointments. Individuals can find more information regarding the visa process or schedule a visa appointment on this website.

BAL Analysis: The U.S. Mission in India has prioritized the facilitation of legitimate travel and adjudicated more than 800,000 nonimmigrant visas in 2022. While the U.S. Mission in India is taking steps to reduce its backlog, applicants should continue to expect nonimmigrant visa processing and appointment delays at the U.S. Embassy and Consulates. For example, the wait time for a B-1/B-2 visa appointment for applicants who require an in-person interview is 575 days in New Delhi, 596 days in Kolkata, 598 days in Chennai, 599 days in Hyderabad and 623 days in Mumbai. A list of average wait times for nonimmigrant visa interviews is available here.

BAL will continue to monitor efforts to address processing delays and will provide more information as it becomes available. Employers and employees should continue to consult their BAL professional before planning international travel.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Department of Homeland Security announced that it would open registration for Temporary Protected Status for Haiti on Jan. 26. It will remain open through Aug. 3, 2024.

Key Points:

• To be eligible for TPS, nationals of Haiti (or those without a nationality who last resided in Haiti) must demonstrate they have resided in the U.S. continuously since Oct. 20, 2022, and have been continuously physically present since Nov. 6, 2022.
• Applicants have 18 months, from Jan. 26, 2023, through Aug. 3, 2024, to register and complete Form I-821, Application for Temporary Protected Status. They may also request an Employment Authorization Document by submitting Form I-765.
• Existing TPS beneficiaries who wish to extend their status to Aug. 3, 2024, must reregister during the 60-day reregistration period from Jan. 26, 2023, through March 27, 2023, to ensure they keep their TPS and employment authorization without a gap.
• The full Federal Register notice is available here.

Additional Information: The decision to extend TPS for Haitian nationals was made due to a prolonged political crisis, gang crime, recent earthquakes, and a lack of access to food, water, fuel and healthcare that collectively prevent individuals from safely returning, DHS said.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

U.S. Citizenship and Immigration Services announced today that it would extend flexible measures for responding to certain requests and notices from the agency through March 23.

The agency expects this will be the final extension of these flexible measures. The measures were first introduced in March 2020 because of COVID-19, and USCIS has extended them numerous times, most recently in October 2022.

Key Points:

• USCIS said it anticipates “this will be the final extension of these accommodations, and requesters must comply with the response requirements set forth in any request or notice dated after March 23, 2023.”
• Under the extension, petitioners and applicants will continue to have an additional 60 days beyond the due date to respond to certain requests and notices issued by USCIS.
• The extension applies to the following documents with an issuance date between March 1, 2020, and March 23, 2023, inclusive:
  • Requests for Evidence.
  • Continuations to Request Evidence (N-14).
  • Notices of Intent to Deny.
  • Notices of Intent to Revoke.
  • Notices of Intent to Rescind.
  • Notices of Intent to Terminate regional centers.
  • Notices of Intent to Withdraw Temporary Protected Status.
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Additional Information: USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

• The form was filed up to 90 calendar days from the issuance of a decision; and
• USCIS made the decision between Nov. 1, 2021, and March 23, 2023, inclusive.

As a reminder, the reproduced signature flexibility announced in March 2020 became permanent policy on July 25. The reproduced signature must be of an original handwritten signature, and copies of original documents containing the wet signatures must be retained. More information on USCIS’ response to the pandemic is available here.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

Earlier this month, U.S. Citizenship and Immigration Services proposed substantial increases to immigration filing fees. BAL recently launched a free online tool to help companies gauge the potential impact to their budgets and immigration programs.

Key Points:

• The BAL USCIS Fee Calculator allows users to enter the number of petitions they intend to file in different categories in order to estimate the financial impact of the proposed increases. The Fee Calculator is available here.
• While the proposed USCIS fee increases would impose significant costs on employers, they will not take effect for at least several months, and the agency may make changes to the proposal before the new fee rates are finalized.
• USCIS is accepting comments on the proposed increases through March 6, 2023. The agency must review the comments before formulating a final rule.
• A USCIS FAQ on the proposed fee increases is available here.

Additional Information: BAL is holding a webinar on the proposed fee increases at 1 p.m. ET this Thursday, Jan. 26. BAL’s legal and government strategy teams will discuss the fee proposal structure and timeline, assess the impact to immigration programs and provide information on how stakeholders can participate in the regulatory process.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright ©2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services announced today that it is extending the validity of Green Cards to 48 months for those who have a pending Form I-751 or Form I-829.

• The validity of Permanent Resident Cards for those who properly filed Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, will be extended to 48 months past the card’s expiration date.

• This extension started on Jan. 11 for applicants submitting a Form I-829 and will start on Jan. 25 for applicants submitting a Form I-751.
• USCIS updated the language on Form I-751 and Form I-829 receipt notices and will issue new receipt notices to eligible conditional permanent residents who previously received notices with an extension shorter than 48 months and whose cases are still pending.
• The updated receipt notices can be presented with an expired Green Card as evidence of continued status while the case remains pending with USCIS.
• The change was made “to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year,” USCIS said.

Additional Information: Last year, USCIS automatically extended the validity of Green Cards to 24 months beyond the expiration date for those who filed Form I-90 and for lawful permanent residents who have applied for naturalization. Conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the country. More information is available on the International Travel as a Permanent Resident webpage.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services announced that certain asylum applicants can now file applications for employment authorization online.

Key Points:

• Applicants under category (c)(8) Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement agreement may now file Form I-765, Application for Employment Authorization, online.
• Eligible applicants may file Form I-765 150 days after filing an asylum application.
• Due to delays in issuing receipts for asylum applications, USCIS said pending asylum applicants may use their Form I-589 filing date for the purposes of Employment Authorization Document eligibility.

Additional Information: USCIS said it made this change in order to improve processing efficiency and reduce wait times. Only certain categories of applicants are eligible to file Form I-765 online. USCIS may deny applications without refunding fees for individuals who submit Form I-765 online under an ineligible category. More information about filing Form I-765 is available here.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The State Department, in coordination with the Department of Health and Human Services, announced the launch of the Welcome Corps, a new program allowing Americans to privately sponsor refugees arriving through the U.S. Refugee Admissions Program.

Key Points:

• Welcome Corps will enable Americans to engage directly in refugee resettlement through private sponsorship, independent of and complementary to existing avenues for volunteering with resettlement agencies.
• Individuals interested in sponsoring a refugee must form a private sponsor group of at least five members over age 18 who live in or near the same community.
• Sponsors must raise at least $2,275 in cash and in-kind contributions per refugee. These resources are used to secure and furnish housing and provide for the individual’s basic needs during their first 90 days in the U.S., until they are able to find employment. More information is available in this FAQ.
• Applicants should attend an information session and are expected to establish a committed sponsor group, complete a background check and training, create a welcome plan and begin fundraising as part of the application process.

Additional Information: Welcome Corps aims to mobilize 10,000 Americans as private sponsors for at least 5,000 refugees in its first year. The effort represents the first time the State Department will allow individuals, instead of nonprofit organizations, to facilitate community-level logistics for arriving refugees. Initially, private sponsors will be matched with refugees whose cases are already approved for resettlement under USRAP. Beginning midyear, private sponsors will be able to identify refugees to refer to the USRAP for resettlement and support the refugees they have identified. Secretary of State Antony Blinken said in a statement that the Welcome Corps will “build on the extraordinary response of the American people over the past year in welcoming our Afghan allies, Ukrainians displaced by war, Venezuelans, and others fleeing violence and oppression.”

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

Get this news and more in the new episode of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and Google Podcasts or on the BAL news site.

‌This alert has been provided by the BAL U.S. Practice Group.

Copyright ©2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Customs and Border Protection removed arrival restrictions on individuals who have recently been in Uganda.

Key Points:

• Travelers who are coming from or have been in Uganda within 21 days of intended arrival in the United States can now enter through any airport in the country.
• Previously, travelers from Uganda were only allowed to enter the country through five designated airports.
• People who have recently been in Uganda no longer have to undergo additional health screening upon arrival in the United States to continue to their final destination.

Additional Information: The restrictions were put in place because of an Ebola outbreak in Uganda. More information regarding the Ebola outbreak is available on the U.S. Embassy in Uganda’s website and the Centers for Disease Control and Prevention website.

BAL Analysis: Travelers of all nationalities who have been in Uganda can now freely travel to the United States without planning for expected entry delays.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services announced that in February it will follow the State Department’s Dates for Filing chart, as published in the February Visa Bulletin, to determine whether applicants are eligible to file for adjustment of status.

Dates for Filing: Key Priority Dates

EB-1

• China EB-1 will remain at June 1, 2022.
• India EB-1 will remain at June 1, 2022.
• All other countries under EB-1 will remain current.

EB-2

• China EB-2 will remain at July 8, 2019.
• India EB-2 will remain at May 1, 2012.
• All other countries under EB-2 will remain at Dec. 1, 2022.

EB-3

• China EB-3 will remain at Sept. 1, 2018.
• India EB-3 will remain at Aug. 1, 2012.
• All other countries under EB-3 will remain current.

Dates for Filing for Employment-Based Preference Cases:

Preference	All Other Countries	China	El Salvador Guatemala Honduras	India	Mexico	Philippines
EB-1	Current	June 1, 2022	Current	June 1, 2022	Current	Current
EB-2	Dec. 1, 2022	July 8, 2019	Dec. 1, 2022	May 1, 2012	Dec. 1, 2022	Dec. 1, 2022
EB-3	Current	Sept. 1, 2018	Current	Aug. 1, 2012	Current	Current

Additional Information: Family-based applicants may use the Dates for Filing chart next month, according to the USCIS announcement. More information is available here.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.